Buildeazy Copyright Information
What is the DMCA?
The Digital Millennium Copyright Act (DMCA) limits the liability of Internet Service Providers for acts of copyright infringement by customers who are using the service provider's systems.
The Digital Millennium Copyright Act (DMCA) was signed into law by President Clinton on October 28, 1998.
The legislation implements two World Intellectual Property Organization (WIPO) treaties.
The DMCA is divided into five titles, but it is , 'Title II' which is most relevant to this article.
Title II: the "Online Copyright Infringement Liability Limitation Act," creates limitations on the liability of online service providers for copyright infringement when engaging in certain types of activities.
You can read the whole summary here in pdf file format www.copyright.gov/legislation/dmca.pdf
Anyway, the short and sweet of it is.......
Suppose Tony steals stuff off of Bill's website and posts it on his own website.
Suppose "ABCD SERVICES" is the Internet Service Provider for Tony's website. Suppose also that Tony is running advertising through an internet advertising agency and has his website listed with the major search engines.
Suppose one day Bill spots his stuff on Tony's website.
Bill can send notices of alleged infringement that comply with the Digital Millennium Copyright Act to "ABCD SERVICES" Tony's Internet Service Provider, plus his advertising agency and also the search engine companies, all of who are all obliged to take appropriate action under the DMCA.
Bill can even take legal action.
Some service providers, especially major search engines, have their own pages regarding the DMCA. eBay has their own Verified Rights Owner (VeRO) Program that lets intellectual property rights owners request the removal of particular listings on eBay that offer items or contain materials which infringe on their rights.
What is a C & D?
A Cease & Desist (C & D) letter is a letter that can be sent to the copyright infringer, as well as other parties such as the infringer's internet service providers usually to notify the infringer as to the rightful copyright owner and to give necessary demands and intended action.
Many Cease & Desist (C & D) letter templates can be found online. Just enter "Cease & Desist template" into a search engine box.
In what countries are copyright works protected?
Most countries offer protection to foreign works through international copyright treaties and conventions.
What if a copyright infringer is from a country that is not included in an international copyright treaty?
Chances are that the infringer will have a host or service provider that is in a country included in an international copyright treaty. Notice can be served to such hosts or service providers.